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Found 6 results

  1. This morning, Sunday I received a hand delivered summons. I am being sued by American Express for over $8,000. I knew this would eventually come, but now have no choice but to deal with it as effectively as i can. I have spent hours perusing these forums and gained a lot of wisdom, sadly, I'm still not sure what to do next. A little back story: I initially tried to work with American Express to settle the debt they are claiming is owed them. (probably a bad idea, but I wanted to find a way to make it go away.) I informed them that i was retired and on disability suffering from a life threatening medical condition and was not able financially or physically to keep up with the multitude of debts I had including the debt they claim I owe. I offered two different settlement options that I honestly believed i could manage and asked that someone from Am-Ex who had some authority and sagacity contact me to discuss my offers. My intent was to relieve myself of the stress from creditors hounding me while i did what i had to do to recover physically. i will be dealing with my life threatening illness until the day I die. I am on medicare, but I really need to protect/ have some form or credit to pay for the things medicare doesn't cover. That was why I tried to negotiate with Am-Ex at the outset, i was trying to protect myself and keep a means of paying drug costs etc. I informed them that i live off Social Security and private disability payments and money I borrow from relatives. I informed then that at the time, I was physically unable to speak and requested that they communicate with me in writing. Shortly thereafter i received an email from them asking me to call their offices. ( I guess they missed the part about me not being able to speak.) I wrote them back a second time, reiterating my inability to speak and my two offers to settle the debt..What I received next were late statements, voice mails, and letters asking me to call their offices. Next I received a letter from NATIONWIDE CREDIT INC stating the debt had been referred to them for collection. Shortly thereafter i received a letter from American Express stating my account had been transferred to NATIONWIDE CREDIT INC for collections. I immediately sent a detailed VOD letter to Nationwide Credit Inc. Then, Nationwide Credit inc. sent me a stack of "duplicate" American express credit card statements from 2010 through 2012 The earliest statement already showed a balance of over $4,000 Now I have been served with a lawsuit from American Express. COMPLAINT FOR MONEY DUE ON CONTRACT AGREEMENT; COMMON COUNTS; AND QUANTUM MERUIT FIRST CAUSE OF ACTION For money due on agreement. SECOND CLAIM FOR RELIEF Monies due on open accounts THIRD CLAIM FOR RELIEF Monies due and owing FOURTH CLAIM FOR RELIEF Unjust enrichment Now I understand that I have 30 calendar to file an answer, I'm just unsure of how to answer and proceed. I've read so much on these forums that I'm now totally confused. Is my best option to just answer the complaint with a "general denial" and then wait for the next step...? I've been told that I am judgement proof and not to worry, but its more than just a matter of being judgement proof. I would like to think that I am going to survive and that there will be a future for me where i can once again gain access to credit. i don't want judgments showing up on my credit report until the day I die. I see so many educated and helpful people on these forums, I hope someone will be able to guide me into doing what I need to do next. Thank you to any and all who can offer advice.
  2. Hi everyone, I am new to the forum. I was trying to search if this topic has already been talked about but I couldn't find anything. If it already has, I apologize. Here is my scenario and my question: I had a BK and was discharged in 2008. I never had an outstanding balance and I never missed a payment while being a member of American Express. They still cancelled me as a member though. So my question is, does anyone know if I can apply to be a member with American Express once again once my BK gets discharged? Or will I be blacklisted forever with American Express even though I never missed a payment with them? Thanks! Mike
  3. Hi, in Dec 2014 Amex obtained a default judgment against me for $15K, I did not defend because honestly my husband and I have lost everything in the last couple of years and it just got buried under all my priorities. In any case, I received another envelope from Amex with a copy of Plaintiff's Motion for Entry of Default Final Judgement.and a questionnaire as to my assets and so forth. I have contacted an attorney but was he is just interested in having me file for bankruptcy.I am not ready to file for bankruptcy yet but I would like to try to vacate and defend agaisnt Amex. Is there anything I can do or file with the court at this point??
  4. UPDATED: 2/11/15 in Post #14 I am 5 months delinquent on an AMEX card with a balance of $15K. The account has been cancelled. While I still owe AMEX the balance, they have Gatestone (the DC) contacting me for the money. Today, I let the DC know I have a settlement offer ready ($7K, one lump sum) with a 'hardship letter' (as requested) as to why I can't pay the full amount. But when I mentioned it, the DC told me she couldn't submit the offer without me first making a payment of $260. She said this was because "my account is still accruing interest." (Duh...) And that this was an AMEX stipulation, not Gatestone. Of course, when I told her that didn't sound right to me, she got angry and accused me of wasting her time. -Is it common to require a payment before I submit a settlement offer? Does that sound right to you guys? -Should I try to send my settlement offer directly to AMEX? I'm concerned about AMEX not even receiving my offer or having a chance to counter offer.
  5. i stopped paying American Express in 2009 after some financial difficulties. Since then, they have sent at least 3 collection agencies after me. I have sent them all Cease & Desist letters ifnorming them of my rights and for them not to call me. NAtionwide Credit harrassmed me first calling me after I told them not to. . A company called First Source Advantage, acting on AMEX behalf called me 10/29/13 after I told me not to call me at work. That was the third time they called me at work. I also sent them a letter in 2013 telling them Not to call me anywhere. Last week, they called my Brother(who has his own separate AMEX account) looking for me. I took the number (8774430144) and spoke to AMEX and told them not to call my brother looking for me. Yesterday they called my brother again on his cell looking for me. I have in the last 4 years sent letters directly to American Express, First Source Advantage, and Nationwide Credit each informing them of my rights and if they needed to communicate with me, then they needed to do so by Mail. I filed a compalint to the CFPB earlier. This is very frustrating and am considering taking action and wanted to find out my options. I am a resident of NY and believe that I am past the SOL for them to sue and collect. I know there was a recent decision in NY that says that the SOL is from the state where the credit card company is based in and not from my home state. Knowing this, I am not concerned about being countersued. I am looking for a knowledge attorney who can advise me and possibly represent if I decide to pursue action against American Express. Thank you!
  6. I was contacted in September of 2010 by Zwicker and Associates and I sent two DV letters in September of 2010 and again in January of 2011 when I was still being ignored. They never sent me anything and were completely silent until August of 2011. They sued me in State district court and have been dragging along now for 18 months. I have answered every single piece of mail using this site and to date they have only been able to provide me copies of a few months of statements that show that there were never charges, only payments to the account and no documentation of how the balance got up to $10K. Now, I receive a letter from the courts telling me it's time to set a trial within the next 6 months. I need help and I need it fast. I'm not down to the wire yet, but I'm ready to fight like crazy.
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